Patna High CourtCR. MISC./31792/2023bail granted

Kamlesh Ray @ Kamlesh Kumar v. The State Of Bihar

2023-05-22Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 31792 of 2023 Arising Out of PS. Case No.-473 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== KAMLESH RAY @ KAMLESH KUMAR S/o Late Prabhu Ray R/o VillageMorwa Mohanpur, P.S.-Tajpur, District-Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Tajpur P.S. Case No. 473 of 2022 dated 7.10.2022 registered for the offences punishable u/s 30(a), 41(i)(ii) of the Bihar Prohibition and Excise Act. As per the prosecution case, the police recovered 48.225 litres of foreign liquor from a Bolero car. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No. 31792 of 2023(2) dt.22-05-2023 2/2 case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in four other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 14.3.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that there is direct allegation against the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Tajpur P.S. Case No. 473 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U